Why Do PTs Need Malpractice Insurance?

Improving lives by optimizing movement and function–it’s what you do best. But, things happen. Physical therapists can get sued–either as an individual or in a group claim involving the doctors, nurses, and therapists who were working with one patient. Ultimately, you want to protect yourself, your business, and your career. With medical malpractice insurance in place, you’ll get a team to protect your best interests and insurance for the expenses that result from your defense and any damages that need to be paid.

Why Should PTs Choose Berxi for Malpractice Insurance?

Save time and money.

Between assessing the fitness capabilities of patients, developing treatment plans, and helping patients recover from injury or illness, physical therapists are busy. Our platform offers digital-age ease and efficiency, which translates into significant time and cost savings. (On average, we save customers 20%.) You can get a quote for malpractice insurance in 2 minutes and buy coverage effective today, tomorrow, or months in advance.

Stellar financial strength.

You buy malpractice insurance because your work as an physical therapist exposes you and your assets to certain unavoidable risks. You expect your insurance company to support you. We are committed to our promise and to delivering claims excellence. Plus, we’re part of Berkshire Hathaway Specialty Insurance, so you get the security of a top-rated insurer and a brand name you trust.

The protection you need.

Berxi offer both group and individual medical malpractice insurance, and we let you tailor coverage to your needs. You’ll be protected against today’s risks with limits and enhancements that are right for you or your business. Once a customer, you’ll be supported by a seasoned claims team with expertise in medical malpractice and top-rated nationwide panels of defense attorneys.

Medical Malpractice Coverage

If you work as an advanced practice or allied health medical professional, medical malpractice coverage insures you against claims of negligence or of making a mistake that caused bodily harm to another. This includes providing you with a lawyer to defend yourself and the funds you can use to pay judgments or settlements.*

AMOUNT COVERED: Typical limits of liability range from $500,000 per claim/$1 million aggregate to $2 million per claim/$6 million aggregate.

EXAMPLE: A patient sues you for medical malpractice, along with the entire team involved in their care. In this case, Berxi retains a lawyer for you and pays the lawyer’s fees.

*All instances provided that the complaint is covered under this policy.

Defense Council

If a claim is filed against you, we’ll retain a lawyer for you from our network of defense attorneys specializing in medical malpractice. We’ll also pay for related defense costs (e.g., lawyer fees, court fees, expert witness costs).

Note that these defense costs are outside the limits of your insurance. This means that their services don’t cut into the settlement fees you may need to pay after a ruling.*

EXAMPLE: You’re a self-employed NP, and you decide to select policy limits of $1 million (per claim)/$3 million (for all claims). One day, someone files a claim of malpractice against you. As part of your med mal policy, we’ll retain an attorney for you. This lawyer works specifically on your behalf and with your best interests in mind. Because this is your lawyer, you get to decide whether the case goes to trial or ends in a settlement. And you won’t need to worry about the bill at the end — the lawyer’s fees are included in your coverage and won’t impact how much of the $1 million you have for paying settlements.

*All instances provided that the complaint is covered under this policy.

Worldwide Coverage

Your policy applies on a worldwide basis, as long as a claim is brought against you in the United States (which includes any U.S. territories or possessions).*

EXAMPLE: You go to the Dominican Republic to volunteer as a nurse following a devastating hurricane. Upon your return, you find out that one of your Dominican patients has filed a claim of medical malpractice against you — and they filed it in the U.S.

*All instances provided that the complaint is covered under this policy.

Good Samaritan Coverage

If you provide medical care to someone outside of your primary work setting and that person files a claim against you, your policy would still apply.*

EXAMPLE: You’re at a restaurant and someone at the next table begins to choke. You rush over and immediately begin performing CPR. However, while saving this person’s life, you inadvertently break three of his ribs. Because you’re a certified medical expert, the patient sues you for his injury.

*All instances provided that the complaint is covered under this policy.

Sexual Misconduct/Abuse

If (noncriminal) allegations of sexual misconduct are made against you, we’ll retain counsel to represent you and pay defense costs — unless or until the sexual misconduct or abuse is determined to have occurred.*

EXAMPLE: You perform a routine examination of a patient. However, you find out later that you made them feel uncomfortable and they decided to file a claim against you. In this instance, your policy would retain a lawyer on your behalf. Additionally, your defense fees are covered up until there is an admission or finding of liability.

*All instances provided that the complaint is covered under this policy.

Information Privacy Coverage (HIPAA)

If a claim alleges that you violated privacy rules in connection with private health information, we provide you with access to counsel and will reimburse you for costs related to HIPAA proceedings — including relevant HIPAA fines.*

AMOUNT COVERED: $25,000 per policy period.

EXAMPLE: A patient’s records were released without his permission, and you’re listed as responsible for the mistake.

*All instances provided that the complaint is covered under this policy.

License Protection

If you’re involved in a licensing board action or proceeding, our policy provides you with legal counsel.*

AMOUNT COVERED: $25,000 per policy period.

EXAMPLE: Your patient has a bad case of athlete’s foot, so you write a prescription for Lamisil. A couple of weeks later, you get a call from the patient saying that their condition has not gotten any better, and that their friend said you should have prescribed a different medication. The patient made a complaint to the local Medical Board regarding your care, and you just received a letter from them. You know that you did everything right, but you still want to have a lawyer by your side to guide you through the process with the Board.

*All instances provided that the complaint is covered under this policy.

Defendant Expense Benefit/Deposition Representation

If we ask you to attend litigation activities (e.g., a deposition), our policy will reimburse you for actual lost wages and any necessary expenses you incur (e.g., travel, meals).*

AMOUNT COVERED: Up to $1,000 per day.

EXAMPLE: We ask you to attend a deposition that requires you to take off a full day from work. Because you’re insured, we’ll reimburse you for your travel expenses, meals, and proven lost wages.

*All instances provided that the complaint is covered under this policy.

Reputation Coverage

If you face a threat to your professional reputation, we can provide you with a crisis management/public relations consultant to help clear your name.*

AMOUNT COVERED: $50,000 per claim.

EXAMPLE: You’ve been caring for an elderly hip replacement patient with dementia. One day, his children stop by to pay him a visit. When asked how he’s doing, the patient mentions that you haven’t checked in on him all day—even though you’d actually visited him twice. Outraged, they decide to bring a claim of negligence against you, alleging that you’ve failed to provide their father with care. On top of that, they undertake an aggressive campaign to publicize your alleged negligence via social media, warning people against getting care from you.

We will retain a crisis management firm to aid you in responding to the threats made to your professional reputation.

*All instances provided that the complaint is covered under this policy.

Business/General Liability Coverage

The policy applies if someone files a claim against you alleging that your premises or operations caused them bodily injury or harm.*

AMOUNT COVERED: $1 million occurrence/$1 million aggregate.

EXAMPLE: You run a small medical office in town and someone slips and falls on your property. You’re alleged to be liable for their injuries.

*All instances provided that the complaint is covered under this policy.

Medicare/Medicaid Reimbursement Endorsement

If you’re audited by either Medicare or Medicaid, we offer reimbursement for related accountant or attorney costs that result from the investigation or defense of the audit proceedings.*

AMOUNT COVERED: $30,000 for a covered audit and related expenses.

EXAMPLE: Medicare is initiating an audit of your business. To help you prepare, your policy will retain an accountant for you, who will help you go over your financial statements. And, if necessary, you could use a lawyer to defend your best interests—all while you continue to work.

*All instances provided that the complaint is covered under this policy.

* “20% savings” is based on industry pricing averages.

** Quote and issuance of a policy are conditioned upon receipt and approval of the following 1) Practice Location; 2) Profession / Specialty; 3) Employment Status; 4) Coverage Type; 5) Hours Worked; and 6) Prior Claims Activity. Final pricing and terms of coverage may vary.